On May 23rd, my girlfriend was in a wreck when another driver ran a stop sign and hit her in the back. The other driver was clearly at fault. Since no one was injured, the police didn’t respond, so there’s no official report — just an exchange of insurance info at the scene.
She filed a claim with the other driver’s insurance and followed everything they asked. They had her upload pictures of the damage into their portal so they could review it and eventually provide an estimate. She submitted everything weeks ago — and today, almost six weeks later, the adjuster finally calls just to say the claim is denied because there’s “no coverage.” That’s it. No explanation. No next steps. Just “no coverage.”
We’re completely confused. Wouldn’t they have known from the beginning if there was no coverage? Why go through all the steps, request photos, make her submit everything, and wait this long just to shut it down now?
The insurance card the driver gave her at the scene didn’t say it was expired. So was it fake? Or canceled for non-payment? How does someone drive around like that, especially in Texas where insurance is legally required?
She’s a student with limited money and now has to pay out of pocket for something that wasn’t her fault. She did everything right and still ends up screwed because someone else didn’t carry valid insurance.
Is there anything she can do? Would small claims court be worth it? Should she go through her own insurance (and if so, would it hurt her rates)? We’re lost and just trying to figure out what the smartest move is.
Any advice would really help.
Location: Forney, TX
Comments
There are lots of uninsured drivers on Texas roads. Which is why it’s important for motorists to be sure they’re not driving around woefully under-insured (I.e., just carrying the bare minimum liability insurance).
If she has appropriate coverage, yes, going through her own insurance is the next step. And if she doesn’t have appropriate coverage, she should strongly consider upping it. Trying to save a buck by carrying the minimum required insurance is actually more expensive when you need it, as she might be in the process of finding out. Bare minimum liability insurance is only for motorists who are 100% sure they’ll never get in an accident, which is nobody.
If nobody’s insurance will help, she can sue the other motorist in small claims court. Note that in Texas it might be difficult to collect from this individual even if she wins, as those without insurance coverage don’t tend to have extra cash laying around to pay judgements with and Texas doesn’t allow wage garnishment for debts of this nature.
Not helpful and doesn’t answer your question but I always call the cops I don’t care how minor the accident for the report… in he said she said situations where the other driver denies responsibility the other persons insurance will always deny the claim… also get dash cams… people generally if they can get away with it lie to avoid responsibility … this has happened to me to friends to my parents…
NAL. This is when having un/under-insured motorists insurance helps you. File through your own insurance and let them decide if there was actually no coverage to get your deductible back.
I may be wrong but I’d think if they had no insurance you could sue in small claims for your deductible and increased insurance rates. It’s cheap to file and very informal if you’ve never done it. YMMV this may be incorrect or not a strong case.
That’s why you have insurance, pay your deductible and move on
I had the exact same thing happen. This was not the first time I had been hit by someone without insurance so I filed the claim on the spot. I got a claim number and was told an adjuster would call me the next day. I knew her insurance was bad the next day when I called the adjuster myself. Idk why it would take six weeks to figure this out. That’s kind of odd but whatever.
As long as you have full coverage, comp, collision, uninsured motorist, file a claim with your insurance. They will go after the other driver and or their insurance company for you. Most likely what will happen is your insurance will take the other driver to court and win a judgment for the amount of the repairs. Because the other driver is broke they will end up with a court judgement they can not pay and they will have bad credit and you will forever have a notification in your online insurance page saying the claim is in subrogation. It will say that until you die because the judgement will never be paid. At least you get your car fixed though.
Someone backed into me without insurance, my uninsured coverage kicked it. The police issued a ticket and we were both issued a subpoena. She was ended up having to pay my deductible by the courts order. I initiated none of it but was happy to recover the deductible .
Former claims adjuster. No-you don’t always know right away that there is or is not coverage. If it’s not cut and dry, an investigation needs to be done. Sometimes the people you are investigating are making it real difficult, sometimes they cooperate fully. So, we get everything we need in case coverage is determined we can move right along.
Also, there are many reasons there can be no coverage. You listed some, excluded drivers or excluded use is another. They are not required to tell you why, but that’s all you need to tell your insurance for uninsured motorist protection to kick in.
How much was the estimate to repair her car?
If the damage exceeds $1,000 then a police report should have been filed, even if the police did not respond to the scene. You can go to the local police department where the accident occurred and file a report, or you can file it with the Texas Department of Transportation. The report is supposed to be filed within 10 days of the accident. If your girlfriend files a claim with her own insurance they will probably require a police report. I’m surprised the other insurance company did not ask for a report.
Did you use gpt to write this? What’s with the big dashes
That’s absolutely ridiculous. They made her go through all the paperwork and wait weeks just to say “no coverage” with zero explanation? In Texas, uninsured motorist coverage on her own policy should kick in for this exact situation. I’d definitely file a complaint with the Texas Department of Insurance and maybe consult with a personal injury attorney. Many offer free consultations and can deal with the insurance companies directly. Don’t let them just brush this off
Have you called your own insurance? They have lawyers on hand to deal with this very type of thing
She sues the other driver directly in small claims court if within the state’s small claims limits.